Professor of Law
Co-Dean for Faculty Scholarship
Rebecca Roiphe studies lawyers’ ethics and the history of the legal profession, focusing on the interaction between lawyers’ work and the rhetoric or ideals of professionalism.
Professor Roiphe draws on her experience as a Manhattan prosecutor and her training as a historian in her writing. Her scholarship emphasizes the important, mediating role prosecutors play in American democracy and examines the country’s tradition of prosecutorial independence, particularly with regard to the President’s power to control the Department of Justice.
Professor Roiphe’s opinion pieces have appeared in Slate, the New York Review of Books, Politico, U.S. News, and other popular press. She is frequently quoted as an expert on legal ethics and criminal justice in the media, including in The New York Times, The Washington Post, Bloomberg News, Vice News, and the New York Law Journal. Professor Roiphe has appeared on MSNBC and CNN. She is a contributing legal analyst at CBS News, where she appears regularly to discuss national legal issues, particularly those involving Special Counsel Robert Mueller’s probe into Russian influence in the 2016 election.
May Federal Prosecutors Take Direction From the President?, 87 Fordham L. Rev. (forthcoming 2019).
Can a Good Person Be a Good Prosecutor in the Era of Krasner and Sessions?, Fordham L. Rev. Online (forthcoming 2018).
Judicial Activism in Trial Courts, N.Y.U. Survey of Am. L.(2018) (forthcoming) (with Bruce Green)
Does the President Control the Department of Justice, 70 Alabama L. Rev. (2018) (forthcoming) (with Bruce Green)
The Duty to Charge in Police Use of Excessive Force Cases, 65 Clev. St. L. R.505 (2017)
Rethinking Prosecutors’ Conflicts of Interest, 58 B.C. L. Rev. 463 (2017) (with Bruce Green)
The Decline of Professionalism, 29 Geo. J. L. Ethics 649 (2016).
Redefining Professionalism, 26 U. Fl. J. of L. and Pub. Pol’y193 (2016)
Behind the Nylon Curtain: Social Cohesion, Law, and the Disaggregation of American Culture, 32 Touro L. Rev. 63 (2016)
Tilting at Stratification: Against a Divide in Legal Education, 16 Nev. L. J. 227 (2015)
A History of Professionalism: Julius Henry Cohen and the Professions as a Route to Citizenship, 40 Fordham Urban L. J.33 (2012).
The Ethics of Willful Ignorance,24 Geo. J. of L. Ethics187 (2011).
Lawyering at the Extremes: The Representation of Tom Mooney, 1916-1939, 77 Fordham L. Rev. 1731 (2009).
Regulating Discourtesy on the Bench, 64 N.Y.U Ann. Survey of Am. Law 497 (2009) (with Bruce Green).
The Most Dangerous Profession, 39 Conn. L. Rev. 603 (2006).
The Serpent Beguiled Me: A History of the Entrapment Defense, 33 Seton Hall L. Rev. 257-302 (2003).
Comment, Proposed Anti-Paparazzi Legislation, 36Harv. J.L. on Legis.250 (Winter 1999).
Selected News Articles and Opinion Pieces
Paul Manafort’s Lawyers May Have Broken the Law: They Should Be Held Accountable, Slate (Sept. 19, 2018).
Pardoning Paul Manafort Might Not Be Such a Bad Idea if Manafort Wants to Take a Risk, USA Today (Aug. 27, 2017) (with Bruce Green)
Judge Kavanaugh and Justice Kennedy Do Not Have Conflicts of Interest, The Hill (July 13, 2018) (with Bruce Green).
Can the Rule of Law Survive Trump?, New York Review of Books Daily (June 1, 2018)
The President is Chief Executive But Does Not Control the Mueller Probe, The Hill (March 26, 2018) (with Bruce Green)